My Roommate (Not on the Lease) Refuses to Move Out What Are Her Rights, and Mine

[angrypeanut]

My question involves a roommate in the State of: Oregon

My roommate is not on the lease; I am the only person on the rental agreement.

I'm pretty sure I am not supposed to have anyone living in the apartment for more than like 10 days unless they are on the lease.

She and I have only a verbal agreement. There is no written agreement between us.

She has paid cash every month for the rent with the exception of one check that she gave me 3 months ago. I have always written a single check for the rent, thus, the landlord has never knowingly accepted rent from her.

I put in our 30-day notice on 12.01.08, saying I would have the place ready for inspection on 01.01.09. My roommate and I had previously (several times over the preceeding 3 months, most recently on ~11.27.08) discussed the probability of moving out by 01.01.09, but I didn't tell her that I'd put in our 30-day notice until 12.04.08. It was a verbal notice, but she emailed me confirming that I told her on 12.04.08.

To say that living with her has become uncomfortable is an understatement. I'm pretty sure she's mentally unstable, and I fear for my cat's, and my own, safety (would not put it past her to poison either of us). I am afraid she will steal my stuff, and am trying to move out ASAP.

She told me that she intends to remain in the apartment until she can find a place, but I am not convinced that she is even looking for a place! She has bad credit, an eviction (which I just found out about!), she lied to me about her (non-existant!) employment (which I stupidly did not verify!) when she moved in, and then "was laid off" the day after she moved in.

I'm (obviously) worried that my landlord will come after me for rent/damages (which, again, I would not be surprised if she inflicts purposefully!).

Is she my tenant? I am hoping that the answer to this is "no", so I can have her removed as a trespasser if she hasn't moved out by the 31st. If the answer is "yes", does her threat to remain in the apartment after I leave (which I have email proof of) constitute INTIMIDATION? If so, is it true that, under these circumstances, I can serve her a 72-hour notice? How do I do this?

Basically, how do I make this process as painless as possible? I don't want to evict her unless it's absolutely necessary- I don't wish to make her life any more difficult than it already is- just want to cover my a**!

Thanks!

[jk]

Is she my tenant? I am hoping that the answer to this is "no", so I can have her removed as a trespasser if she hasn't moved out by the 31st.

Sorry but the answer is yes. She is your tenant and you did not give proper notice to terminate your lease (rental agreement) with her.

you have to give 30 days notice so if you gave notice 12/4, you cannot require her to be out before 1/4/09.

So, if she does not move willingly; you have to go to court and evict her. In the meantime, you will be accruing rent and fees as written in your lease with your landlord that you will be liable to them for. You can sue your tenant for the costs but if she is not working....well, you know the old saying about getting blood from a turnip, don;t you?

Now, if her rent is 7 days late, you can give her a 72 hour notice to pay or vacate. The problem is, if she does pay, you are stuck with then giving her notice to move from that time, or later.

In any case, if she does not move willingly, you will have to engage the courts assistance in having her removed.